Short guide to expenses and allowances payable to parties,
witnesses and others attending Industrial Tribunals and The
Fair Employment Tribunal in Northern Ireland
Introduction
Parties, witnesses and other individuals may be eligible to claim certain
expenses and allowances for attending a tribunal hearing. All claims should be
made as soon as possible after the conclusion of the hearing and at the latest,
within one calendar month of the conclusion of the hearing. This document
provides guidance on what may be claimed.
Please note that representatives (professional or lay) are not eligible to
claim expenses. (The only exceptions are members of a Citizen’s Advice
Bureau.)
Payment of expenses and allowances is subject to certain conditions and limits.
These limits may change periodically. If you are in any doubt as to what you may
claim please contact the tribunal office for help. The claim form you will need
can be obtained from the Tribunal Clerk on the date your hearing
commences.
What can I claim?
You may be able to claim:
Item:
Travel Costs in
excess of £5
N.B. The first £5 of
travel expenses
will only be
reimbursed
when the Tribunal
has issued an
order requesting
your attendance.
Overnight
Expenses where an
overnight stay is
essential
Conditions:
 rail fares;
 bus or coach;
 air travel, economy class, within the UK and
Republic of Ireland limited to economy or standard
class fares and you must obtain approval from the
Secretary of the Tribunals before travelling;
 mileage rate of 15p per mile for car or motorcycle,
however car parking fees are not payable;
 taxi fares only in the most exceptional of
circumstances (if there is extreme urgency, heavy
luggage to be conveyed, no other suitable means
of public transport, or for medical reasons).
We may pay actual expenses for dinner, bed and
breakfast up to a limit of £71 per night where an
overnight stay is essential. If you believe an overnight
stay is essential please contact the Secretary in
writing to seek approval in advance of your hearing.
Loss of Earnings
If you lose pay as a result of attending the hearing, we
can repay your loss up to a limit of £45 per day. If you are
employed we will need your employer to certify that you
were not paid for the day(s) in question. If you are selfemployed, you must provide a written declaration showing
that work could not be deferred or advanced, the amount
of income lost (with, where possible, a copy invoice for
recent work), details of the work which could not be
carried out and for whom. You are not entitled to any loss
of earnings allowance if you took paid holiday or special
leave with pay to attend the hearing.
Registered Child or If you need to engage a registered child minder or adult
Adult Care
carer in order to attend the hearing, we can repay your
Expenses
costs up to £5 per hour, per child. We require an invoice
or receipt as proof of expenditure. We will not pay child or
adult care expenses for any period covered by a claim for
loss of earnings or for non registered minders.
Helpers' Expenses If you need to be accompanied because of a medical
if you need to be
condition, friends or relatives may be able to claim the
accompanied
same travel and other expenses as you (but not a fee). Or
because of a
if you need professional assistance, e.g. through an
medical condition
agency, we will pay reasonable costs on production of a
receipt, subject to the same conditions.
Medical
Professionals
In order for payment to be considered, there needs to
be independent confirmation in advance of the
hearing that a helper’s presence is necessary. This
may take the form of a doctor’s note or some other
certificate (not necessarily produced specifically for the
tribunal hearing) that demonstrates the need for a helper
submitted, in advance, for the Secretary’s approval.
There may be circumstances where the attendance of
medical professionals, or the production of medical
reports or extracts, is relevant to the case. If a Chairman
orders the production of essential medical reports or
medical evidence, or the attendance of medical
professionals, reimbursement will be made in line with
BMA Treasury rates. Rates should be agreed in advance
of any work being undertaken. Reasonable charges
which may include the cost of a locum may be paid, but
not costs that are clearly excessive.
Please note that supporting documentation/receipts are required to
process expense claims.
When are expenses not payable?
A Tribunal has power to make an award of costs against a party where it is of the
opinion that the party has acted frivolously, vexatiously, abusively, disruptively or
otherwise unreasonably. In such cases, the Tribunal may also effectively
disallow the payment of any expenses, in whole or in part, to you and order the
recovery from you of any expenses paid to your witnesses.
Certification of Claims:
A member of staff (usually the Tribunal Clerk) must examine all claims, check
eligibility and certify attendance. The onus is on the claimant to provide accurate
information and original receipts when making a claim for expenses. The method
and cost of travel will be checked to ensure that this can be verified as
reasonable. Should there be any errors or discrepancies on the claim form, the
claim will not be processed by Finance Section. The form will be returned to the
claimant with an accompanying letter explaining the reason(s) why it has not
been processed.
How is payment made?
Payment will normally be made by Payable Order.
We aim to make payment as quickly as possible. This will normally be made
within 2-3 weeks of your claim being received in the Finance Section. You will
receive written confirmation when your payment has been processed.
The provision of the above guide will be applied consistently to all claims.
However, if you have an enquiry about a matter not covered by the guide,
you can write to the Secretary of the Tribunals at the address below.
Useful Contact Details
The Secretary
OITFET
Killymeal House
2 Cromac Quay
Ormeau Road
Belfast
BT7 2JD
028 902 50055 or 028 90250048
Finance Section
OITFET
Killymeal House
2 Cromac Quay
Ormeau Road
Belfast
BT7 2JD